Work appraisal (282, 283, 284, 285, 286, 287, 288, 289, 290,-666)
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Keywords: Work appraisal
Total judgments found: 138
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Judgment 352
41st Session, 1978
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"In exercising his authority the Director-General is not bound by the recommendations of the advisory bodies. He is indeed quite free to determine the general assessment in the light of the whole file and even to alter the assessments agreed on by the official's own supervisors. The bodies which advise the Director-General therefore enjoy just as much freedom as he to assess the official's performance. [...] It is therefore open to them, if they wish, to dissent from an opinion shared by [the supervisors]."
Keywords:
advisory body; advisory opinion; binding character; discretion; executive head; performance report; rating; supervisor; work appraisal;
Consideration 3
Extract:
"The impugned decision, which relates to the assessment of an official's performance, is of a discretionary nature. Hence the Tribunal may quash it only if [...]."
Keywords:
discretion; judicial review; rating; work appraisal;
Judgment 320
39th Session, 1977
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
"The starting point for any criticism of [the first level supervisor's] judgment is that he is unable to explain the discrepancy between it and all the complainant's previous appraisal reports except upon the hypothesis that the latter were all wrong. This is highly unlikely. They extended over eleven years and came from seven [...] different representatives. [...] His evaluation of the complainant's work cannot be regarded as unbiased."
Keywords:
bias; different appraisals; flaw; period; supervisor; work appraisal;
Considerations 12, 13 and 17
Extract:
The complainant was denied confirmation of his appointment for unsatisfactory service. The Regional Director had nothing to say on the matter. Had he examined the evidence, he would have observed that the performance appraisals were of questionable value. Neither the evaluations of the complainant's first level supervisor (which diverged inexplicably from earlier reports), nor those of the chief of department (which merely echoed the supervisor's views) afforded a basis for the decision. As a result the Director General's decision must be quashed.
Keywords:
different appraisals; flaw; probation report; probationary period; reinstatement; satisfactory service; termination of employment; unsatisfactory service; work appraisal;
Judgment 318
39th Session, 1977
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The Tribunal is competent to review the lawfulness of any decision by the Director-General [...]. In particular it may determine whether that decision [is tainted by any of the flaws which entitle the Tribunal to interfere]. The Tribunal may not [...] replace with its own the executive head's opinion of a staff member's performance, conduct or fitness for international service."
Keywords:
conduct; discretion; fitness for international civil service; judicial review; qualifications; work appraisal;
Judgment 306
38th Session, 1977
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complete turn around in assessments of the complainant's work within the space of ten months is unexplainable. The organisation's belated explanations are not borne out by the evidence. "Hence, although the impugned decision cannot be said to have been taken for reasons contrary to the interests of the [service], it is clear at least that the decision drew clearly mistaken conclusions from the facts and should therefore be quashed."
Keywords:
amount; contract; different appraisals; fixed-term; mistaken conclusion; non-renewal of contract; satisfactory service; unsatisfactory service; work appraisal;
Considerations
Extract:
"What makes it all the harder to account for such a difference in assessment within the space of ten months is that there is not a single document in the dossier which reveals the true reasons and no particular fact which explains why the assessment of the complainant was so utterly different." The Director-General's representative provided an explanation for the Tribunal. "[T]hat explanation of the impugned decision is belated and amounts to mere allegations which are not borne out by any document in the dossier." The non-renewal is quashed.
Keywords:
different appraisals; flaw; grounds; mistaken conclusion; work appraisal;
Judgment 300
38th Session, 1977
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"It is true that marking may partly depend on subjective factors which have little or nothing to do with actual performance, but the complainants have not shown that they suffered on that account."
Keywords:
bias; burden of proof; discretion; judicial review; lack of evidence; rating; work appraisal;
Judgment 284
37th Session, 1976
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"[T]he officer-in-charge [...] and [...] the Director-General had before them all the relevant documents which the complainant also had seen and they had also the complainant's written replies. The question which they had to consider was not whether the complainant's evaluation of his services was to be preferred to that of his division director, but whether the latter was unjustified. On such a question a staff member cannot claim a right to an oral hearing; this must be within the discretion of the authority concerned and normally it would not be necessary."
Keywords:
discretion; right to reply; work appraisal;
Judgment 283
37th Session, 1976
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"[T]he Tribunal must determine whether the performance report given to the complainant was in all respects properly established, but it may not substitute its own opinion for that of the administration on the quality of the staff member's performance nor exercise any power of review over the administration's assessment."
Keywords:
discretion; judicial review; rating; work appraisal;
Judgment 282
37th Session, 1976
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"A clear distinction must be drawn between the quality of a staff member's work, as reflected in such things as performance reports and promotion, and specific facts or a general attitude at variance with his duties as a staff member and warranting disciplinary action."
Keywords:
conduct; elements; fitness for international civil service; promotion; rating; staff member's duties; work appraisal;
Judgment 256
34th Session, 1975
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The material provision "provides for the establishment of personal files and gives staff members access at any time to information on their professional situation and in particular reports on their work performance. It also has the purpose of keeping the competent bodies [of the organisation] informed on each staff member's career. Since the provisions were adopted in the interests of staff members as well as of the organisation, it is open to the complainant to allege a breach."
Keywords:
career; organisation's interest; personal file; purpose; staff member's interest; work appraisal;
Judgment 255
34th Session, 1975
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The applicable provision stipulates that the evaluation given in appraisal reports shall serve as the basis for assistance extended to a staff member to improve his services and for decisions concerning that staff member's status and maintenance in the organization. It is open to question whether this provision, having regard to these objects, applies at all in the case of a staff member who has retired. If it does, there could be no relief for a breach of it except by the payment of compensation. In the present case, the complainant could not suffer injury from a statement assessing his work during the final 11 months of his service.
Keywords:
complainant; enforcement; lack of injury; performance report; purpose; retirement; separation from service; work appraisal;
Judgment 247
33rd Session, 1974
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
"Unsatisfactory conduct may or may not affect the quality of the service given. It would be easy to pick out from the [...] examples of misconduct [enumerated in the Regulations] a number which could not affect the service at all. It would also be easy to imagine acts of insubordination or pieces of impertinence which would not affect the service given".
Keywords:
conduct; insubordination; satisfactory service; work appraisal;
Judgment 243
33rd Session, 1974
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"It appears [...] from the dossier that although his supervisors expressed a justifiably low opinion of his work, their assessments were expressed in perfectly proper language in no way calculated to cause him any emotional upset."
Keywords:
discretion; moral injury; performance report; unsatisfactory service; work appraisal;
Judgment 238
33rd Session, 1974
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"In taking previous performance [of serving staff members] as one of its criteria for the classification of candidates, the Board of examiners [...] did not exceed its proper authority to make a general assessment of them and make a choice."
Keywords:
appointment; competition; condition; discretion; elements; internal competition; work appraisal;
Judgment 232
32nd Session, 1974
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"No general principle of law bars one organisation from communicating to another information on its former employees, provided that such information is materially correct and related to the employees' professional qualifications and is not given with malicious intent."
Keywords:
communication to third party; organisation; organisation's duties; other; personal file; work appraisal;
Considerations
Extract:
As with any appraisal by the Director-General of an official's performance, the tribunal may "interfere with the impugned decision only if it was taken without authority, is irregular in form or tainted by procedural irregularities or by illegality, or is based on incorrect facts, or if essential facts have not been taken into consideration, or, again, if conclusions which are clearly false have been drawn from the documents in the dossier, or finally, if authority has been exercised for purposes foreign to the organization's interests."
Keywords:
discretion; judicial review; performance report; rating; rebuttal; work appraisal;
Judgment 212
31st Session, 1973
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"A policy of discrimination is blame worthy and objectionable only if it aims at the exclusion of certain persons as a matter of principle on account of their nationality, race or opinions. It is normal and even desirable if it is based on the professional qualifications and merits of the persons concerned."
Keywords:
bias; criteria; equal treatment; nationality; qualifications; work appraisal;
Judgment 211
30th Session, 1973
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant seeks a new certificate consisting of accurate and unbiased assessments of his work and official conduct and taking account of his entire performance record. "The relief is granted only on the ground that the evaluation in the certificate is [...] not based on the entire record. The certificate will be quashed in order that the Director-General may, if the complainant so requests, issue a new certificate on the correct basis."
Keywords:
certificate of service; flaw; period; work appraisal;
Consideration 3
Extract:
"The principle that the Tribunal will not interfere, except upon particular and limited grounds such as prejudice or incorrect appreciation of facts or formal or procedural irregularity, with decisions of the Director-General on matters that fall within his discretion applies with special force to the form and contents of such documents as appraisal reports and certificates of service."
Keywords:
certificate of service; discretion; judicial review; performance report; work appraisal;
Consideration 3
Extract:
"In the preparation of such documents opinions will naturally differ about what aspects of the service should be stressed and what evaluations made; such differences must [...] be resolved by the Director-General whose responsibility it is to determine whether a certificate of service is in substance and language just and fair."
Keywords:
certificate of service; different appraisals; discretion; formal requirements; work appraisal;
Judgment 197
29th Session, 1972
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"[I]t is within the Director-General's discretion on receiving an appeal [...] to decide whether, in order to establish the facts, it is necessary to give a personal hearing to the person concerned or whether the arguments and documents supplied by him and the information given by the chief of his unit are sufficient to allow a decision to be taken."
Keywords:
discretion; probationary period; right to reply; work appraisal;
Considerations
Extract:
Reports on each staff member must be made in the first place by his immediate supervisor, who is the best qualified to make an appraisal. This principle cannot be applied "in some units which, because of their nature, activities or the very form of their organization, a small number of officials are associated in a specific common task. It may be conducive to the efficiency of such units for the chief to report directly on all the staff members with whom he is in close and continuous collaboration in the exercise of their duties."
Keywords:
competence; probation report; probationary period; rating; supervisor; work appraisal;
Considerations
Extract:
The Director-General "took the view that [the complainant, a probationer,] did not have the necessary qualifications for the post to which he was assigned [...] [His] decision was not tainted by illegality or based on incorrect facts [...], he did not fail to take account of essential facts, and did not draw from the evidence conclusions that are clearly false. The Tribunal's power to review the substance of this case is limited to the foregoing four points, and it cannot substitute its own judgment for that of the head of the organization."
Keywords:
discretion; judicial review; probationary period; qualifications; work appraisal;
Judgment 191
28th Session, 1972
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The Director-General fell into the error of supposing that because the limited part of the complainant's work which he himself saw was bad in his opinion therefore the complainant's work as a whole was to be condemned. In treating as of no account the unanimous opinion of those who were familiar with the whole of [the complainant's] performance, the Director-General failed to take into consideration essential facts of the case. His decision must therefore be quashed."
Keywords:
contract; different appraisals; disregard of essential fact; fixed-term; non-renewal of contract; satisfactory service; unsatisfactory service; work appraisal;
Considerations
Extract:
"While the Director-General [...] was entitled to differ [with] the opinion expressed by the high-ranking officials [...] he should, before reaching the final decision which he alone was competent to make, have taken into account not only the complainant's attitude on the particular occasions when he had 'personally seen him at work', but also the quality of the complainant's general performance of his duties as attested by his immediate supervisors in highly favourable terms."
Keywords:
contract; different appraisals; disregard of essential fact; executive head; fixed-term; non-renewal of contract; supervisor; unsatisfactory service; work appraisal;
Judgment 188
28th Session, 1972
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The complainant maintains that she "suffered from the prejudice of one of her supervisors [...] The Appeals Board dismissed the charge of prejudice, however, and the Advisory Board recommended upholding the performance reports complained of. In these circumstances there are no grounds for holding that the Director-General's decision taken in the light of the reports in question was based on incorrect facts."
Keywords:
bias; performance report; rating; supervisor; unsatisfactory service; work appraisal;
Consideration 2
Extract:
"The Director-General's decision to maintain the complainant's performance reports and temporarily to withhold her salary increment lies within his discretion."
Keywords:
discretion; increment withheld; judicial review; rating; unsatisfactory service; work appraisal;
Judgment 183
27th Session, 1971
World Meteorological Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"It is not established that the assessments in the performance report of the complainant's attitude to her work were influenced by the fact that she had prolonged absences on sick leave. It was on the basis of these assessments, and not because of the sick leave, which he expressly disregarded, that the Secretary-General took his decision. There are no grounds on which the Tribunal can interfere with it."
Keywords:
bias; increment withheld; salary; sick leave; step; work appraisal;
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